[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Rules and Regulations]
[Pages 65985-65987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27114]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0901]
RIN 1625-AA00
Safety Zone: Epic Roasthouse Private Party Firework Display, San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of San Francisco Bay 1,000 yards off Epic Roasthouse
Restaurant, San Francisco, CA during a fireworks display in support of
the Epic Roasthouse Private Party. This safety zone is established to
ensure the safety of participants and spectators from the dangers
associated with the pyrotechnics. Unauthorized persons and vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without permission from the Captain of the Port or her
designated representative.
DATES: This rule is effective from 10:45 a.m. through 9:30 p.m. on
November 5, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0901 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0901 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Liz Ellerson, U.S. Coast Guard
Sector San Francisco; telephone 415-399-7436, e-mail [email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that it
would be impracticable to publish a notice of proposed rulemaking
(NPRM) with respect to this rule because the event would occur before
the rulemaking process would be completed. Because of the dangers posed
by the pyrotechnics used in this fireworks display, the safety zone is
necessary to provide for the safety of event participants, spectators,
spectator craft, and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have these
regulations in effect during the event.
Basis and Purpose
The Epic Roasthouse Private Party is scheduled to take place on
November 5, 2010, on the navigable waters of San Francisco Bay, 1,000
yards off Epic Roasthouse Restaurant, San Francisco, CA. The fireworks
display is meant for entertainment purposes. This safety zone is issued
to establish a temporary restricted area on the waters surrounding the
fireworks launch site during loading of the pyrotechnics, and during
the fireworks display. This restricted area around the launch site is
necessary to protect spectators, vessels, and other property from the
hazards associated with the pyrotechnics on the fireworks barges. The
Coast Guard has granted the event sponsor a marine event permit for the
fireworks display.
Discussion of Rule
During the set up of the fireworks and until the start of the
fireworks display, the temporary safety zone applies to the navigable
waters around the fireworks site within a radius of 100 feet. From 8:45
p.m. until 9:30 p.m., the area to which the temporary safety zone
applies will increase in size to encompass the navigable waters around
the fireworks site within a radius of 1,000 feet.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks site while the fireworks
are set up, and until the conclusion of the scheduled display. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the restricted area. These
regulations are needed to keep spectators and vessels away from the
immediate vicinity of the fireworks barge to ensure
[[Page 65986]]
the safety of participants, spectators, and transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes and executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are pleasure craft
engaged in recreational activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of the areas off San
Francisco, CA to engage in these activities, (iii) this rule will
encompass only a small portion of the waterway for a limited period of
time, and (iv) the maritime public will be advised in advance of this
safety zone via Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
[[Page 65987]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing, disestablishing, or
changing Regulated Navigation Areas and security or safety zones. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T11-367 to read as follows:
Sec. 165.T11-367 Safety zone; Epic Roasthouse Private Party, San
Francisco, CA.
(a) Location. This temporary safety zone is established for the
waters of San Francisco Bay 1,000 yards off Epic Roasthouse Restaurant,
San Francisco, CA. The fireworks launch site will be located in
position 37[deg] 46'35.30'' N, 122[deg] 23'13.33'' W (NAD 83).
From 10:45 a.m. until 8:45 p.m. on November 5, 2010, the temporary
safety zone applies to the navigable waters around the fireworks site
within a radius of 100 feet. From 8:45 p.m. until 9:30 p.m. on November
5, 2010, the area to which the temporary safety zone applies will
increase in size to encompass the navigable waters around the fireworks
site within a radius of 1,000 feet.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the Captain of the Port San Francisco (COTP) in the enforcement of the
safety zone.
(c) Regulations.
(1) Under the general regulations in Sec. 165.23 of this title,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-16 or through
the 24-hour Command Center at telephone 415-399-3547.
(d) Effective period. This section is effective from 10:45 a.m.
through 9:30 p.m. on November 5, 2010.
Dated: October 15, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-27114 Filed 10-26-10; 8:45 am]
BILLING CODE 9110-04-P